KOUSHAL KISHORE Vs. KRISHNAKANT CHATURVEDI

JUDGEMENT

(1.) THE short question involved in the writ petition is that whether an unregistered document purporting to extinguish the mortgage deed can be said to be admissible in evidence without being registered and whether it can be used in evidence for collateral purpose.

(2.) THE facts, in short, are that plaintiffs filed a suit for declaration that they are Bhumiswami and in possession of disputed land. Plaintiff No. 1 is owner of 3/4th portion, plaintiff No. 2 is owner of l/4th portion of said land. Prayer for permanent prohibitory injunction restraining the interference in possession at the hands of defendants has also been made. THE property is situated at Village Thaukar, Tehsil Hujur, District Rewa.

(3.) SHRI S.K. Dubey, learned Counsel for petitioners, has submitted that endorsement of payment of mortgaged money on mortgage deed itself is enough for redemption. Registration of document is not necessary. Petitioner's Counsel has relied upon decision of this Court in Chandra Prakash Vs. Badrilal, 1982 MPWN Note No. 32. Petitioner's Counsel has also submitted that document dated 23-5-1969 simple acknowledgment of redemption of the land, thus, the document dated 23-5-1969 does not require registration under Section 17 of the Registration Act, 1908. He has also relied upon decision of Mohan Singh Vs. Rajabeti, 1982 MPWN Note No. 140.